Refund on a used car or can the be taken to court?

Asked almost 5 years ago - Arverne, NY

i purched a used car and i have numerous problems (car shutting off gas and oil burning fast... fumes out of vents... and shaking hard while idle and drivin. i took the car back 4 to 5 times the first 3 or four weeks for these same repairs.... but they keep coming back ..... and for two months i havent driven the car due to it not turning on i only had the car 5 months what are my options

Attorney answers (1)

  1. Ronald Lee Burdge

    Pro

    Contributor Level 20

    Answered . It depends on several details about the sale. In a used car sale, your legal rights are mostly determined by the paperwork that you sign. Look to see if anything was written down about any kind of warranty or guarantee or right to cancel the deal. But that’s not the end of it. There’s also a federal law that requires all car dealers to post on the window of all used cars they are selling a special “Buyer Guide” form (it’s often called a Used Car Window Sticker) that discloses whether or not a warranty comes with the car. Many small lot car dealers don’t comply with the law. If they don’t, then you may end up with a warranty after all and you may even have the right to cancel the sale. The back side of the form has to be completely filled out and many car lots, big and small, fail to do that too and that can also trigger your right to cancel the deal. You can see what the Buyer Guide form looks like on this web site page: http://ohiolemonlaw.com/used-car-lemon-law.html . If the car cost a modest amount then you may be able to sue the seller in your local small claims court without having to hire a lawyer. You need to talk to a local Consumer Law attorney who deals with this kind of case (it's called "autofraud" or car sales fraud). Call your local attorney's Bar Association and ask for a referral to a Consumer Law attorney near you or you can go to this web site page for a Free Online 50 State National List of Consumer Law Lawyers (http://www.ohiolemonlaw.com/ocll-site/ocll-loca...) and find one near you (lawyers don’t pay to get listed here and most of them are members of the only national association for Consumer Law lawyers, NACA.net). But act quickly because for every legal right you have, there is only a limited amount of time to actually file a lawsuit in court or your rights expire (it's called the statute of limitations), so don't waste your time getting to a Consumer Law attorney and finding out what your rights are. If this answer was helpful, please check the box below.

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